Description: A large quantity generator (LQG) must comply with both 40 CFR 265.17(a) and Part 265, Subpart I, including the 50 foot boundary requirement for containers holding ignitable and reactive hazardous waste in 265.176. Section 265.176 is taken from the National Fire Protection Association’s (NFPA) Flammable and Combustible Code of 1977 (NFPA 30). If a LQG is able to comply with 265.17(a) but unable to comply with the 50 foot boundary requirement for the accumulation of ignitable and reactive hazardous waste in 265.176, EPA recommends that the generator work with the EPA regional office or state inspector to determine if the local fire department or fire marshal will provide a written waiver from having to comply with the 50 foot boundary requirement.

Description: For purposes of CERCLA response actions, EPA considers the RCRA biennial reporting requirement to be an administrative requirement, which only applies to off-site actions. Therefore, any RCRA hazardous waste generated on-site as part of a Superfund response action and managed on-site must comply with all substantive RCRA requirements but need not comply with administrative requirements, such as RCRA biennial reporting requirements. Any RCRA hazardous waste generated on-site and managed off-site is subject to all RCRA requirements, including, where applicable, biennial report requirements. RCRA regulations require biennial reporting from large quantity generators (LQGs). Hazardous waste generators at CERCLA sites may either report all RCRA hazardous waste managed off-site without evaluating whether they are an LQG or determine if, in any calendar month, the site is an LQG, and if so, report all RCRA hazardous waste that is generated on-site, but managed off-site for the entire calendar year.

Description: Summary of generator accumulation regulations. Both LQGs and SQGs may establish satellite accumulation areas (SAA). Waste in excess of 55 gallons or 1 quart of acute hazardous waste must be removed within three days. When a generator exceeds 55 gallons or 1 quart acute hazardous waste, the container must be dated. The generator must date container again when it is moved to central accumulation area. Three days means three consecutive days. There is no federal requirement that full containers of hazardous waste be removed from an SAA within three days of being filled. Generators may transfer hazardous waste between containers to facilitate storage, transportation, or treatment. Containers in SAAs do not have to comply with the air emission standards of Part 265 Subparts AA, BB, and CC. Inspections of SAAs are not required if SAA meets 262.34(c) requirements. Personnel working in SAAs not required to have training. It is permissible to have more than one waste in an SAA and more than one container of hazardous waste in an SAA. The regulations do not limit the total number of SAAs at a generator facility. Generators may not move hazardous wastes between SAAs. A single SAA may have multiple points of generation. Generators must include all hazardous waste in their SAAs in monthly quantities for determining their generator status. Containers attached to equipment discharging hazardous waste must comply with SAA regulations and is a point of generation. Small containers (vials or tubes) may be placed in properly labeled larger containers. (SEE ALSO: 75 FR 12989, 12994; March 18, 2010)

Description: A large quantity generator (LQG) accumulating hazardous waste in a tank must mark the tank with the date upon which the hazardous waste accumulation period begins. The requirement is not cited in 40 CFR 262.34(a)(2), but EPA intended for both tanks and containers to be marked with the accumulation start date (SEE ALSO: 51 FR 10146, 10160; 3/24/86). The requirement ensures that an LQG accumulates hazardous waste in accordance with the 90-day accumulation time limit.

Description: Small quantity generators (SQGs) and large quantity generators (LQGs) may treat hazardous waste on site without a permit provided they comply with 262.34 and conduct no thermal treatment. Conditionally exempt small quantity generators (CESQGs) may treat hazardous waste on site without a permit provided they meet one of the conditions in 261.5(g)(3)(iii) through (vii). No generator may conduct thermal treatment without a permit. SQGs cannot treat in containment buildings or on drip pads and continue to operate under the reduced 262.34(d) standards. Only SQGs that operate under LQG standards may use these units. State implementing agencies may have more stringent rules regarding generator treatment.

Description: Large quantity generators (LQGs) that generate hazardous waste (HW) on site and subsequently treat or dispose of the same HW on site must comply with the generator accumulation requirements. Section 262.10, Note 1, does not exclude waste treated or disposed of on site.

Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.

Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).

Description: Large quantity generators (LQG) are not required to conduct a weekly inspection of containers in satellite accumulation areas so long as they comply with the provisions of 262.34(c). Authorized states may require weekly inspection of containers in satellite accumulation areas, as states may have more stringent requirements than the federal regulations.

Description: The List of Large Quantity Generators identifies every hazardous waste generator in the United States that reported itself to be a large quantity generator in 1997. It also includes a copy of the Executive Summary (530-S-99-036).

Description: Large quantity generators (LQG) and small quantity generators (SQG) with multiple satellite accumulation areas cannot move wastes between satellite accumulation areas. Waste that leaves a satellite accumulation area should be destined for an accumulation area which is fully regulated under 262.34(a) or (d), or Parts 264 or 265.

Description: Large quantity generator (LQG) closure standards require the minimization of need for further maintenance, the minimization or elimination of post-closure escape of hazardous waste or constituents, and decontamination or removal of all contaminated equipment, structures, and soils. LQGs storing or treating waste in tanks, drip pads, or containment buildings are also subject to unit-specific closure standards. Small quantity generators (SQG) managing waste in tanks must remove all hazardous waste, discharge control equipment, and discharge confinement structures. Conditionally exempt small quantity generators (CESQG) do not have closure requirements.

Description: Non-thermal treatment process may qualify for generator exclusion from permitting provided the system meets the definition of a tank or container, complies with all applicable tank and container management standards, and treats waste generated on-site within the time periods specified in 262.34.

Description: EPA decided not to include any wastewater data in 1997 Biennial Report National Report due to difficulties in separating exempt from non-exempt wastewaters.Historically only non-exempt wastewaters have been reported which gave incomplete picture of wastewater generation and management (NOTE: See 2001 Biennial Report Forms for current requirements).

Description: Contractors who meet the definition of facility personnel working at a TSDF or LQG facility are held to the same standards as non-contract personnel and therefore must complete the appropriate training program.

Description: This fact sheet details the success of the waste minimization program for the New York Air National Guard, which was able to move from large quantity generator status to small quantity generator status.

Description: Containment buildings may serve as secondary containment for LQG accumulation tanks if the building itself acts as a liner and meets the secondary containment provisions of Sections 264/265.193. Containment buildings need not meet the provisions of Parts 264/265, Subpart DD to be used as secondary containment for tanks.

Description: This document presents information from EPA's 1995 Biennial Report, specifically providing a list of large quantity generators, including information on the nature, quantities and disposition of generated hazardous waste.

Description: Subpart CC does not require that waste analysis information accompany every shipment of hazardous waste. If waste analysis information received from the generator is representative of subsequent shipments, the TSDF can rely on the original analysis, but must update the analysis at least once every twelve months. It is the responsibility of the person with custody of the waste to obtain valid analysis information to make compliance determinations.

Description: TSDFs and large quantity generators must comply with personnel training requirements. Facility personnel must take part in an annual review of their initial training. The Agency expects companies to attempt to provide training so that personnel are trained every year. Training programs that allow as much as 15 months to pass between training courses, would ensure that employees, over the course of four years for example, would receive four annual training reviews and that would meet the training requirements.

Description: EPA has no plans to address Utility Solid Waste Activities Group’s (USWAG) petitions to add mercury-containing equipment, paint, and paint-related wastes to the universal waste (UW) rule in 1997. The universal waste rule explicitly provides flexibility for states to add other waste categories to their approved state program. EPA established the workgroup to reduce the burden of the current manifest system. The workgroup’s proposal to allow generators to consolidate waste at central locations would cover utility access residuals.

Description: EPA has reviewed the Environmental Technology Council’s (ETC) and Environmental Defense Fund’s (EDF) joint proposal for the redefinition of solid waste. EPA seeks answers from ETC/EDF to numerous questions concerning the proposal in order to determine the impact of ETC/EDF option on RCRA recycling universe.

Description: Paint or coating remixed and used for its intended purpose is not a solid waste. If paint is discarded, the generator must make a hazardous waste determination. Discarded paints generally are not listed wastes, but they may exhibit characteristics such as ignitability or toxicity. Paint generated by a CESQG is not subject to federal regulation provided the waste is discarded at a facility meeting Section 261.5(f) or (g). Paint collected from households is exempt from regulation, even if the paint is subsequently discarded. Household hazardous waste (HHW) mixed with regulated hazardous waste in a collection program is regulated. Paint cans emptied under the empty container provisions are not subject to regulation because they do not hold regulated residues.

Description: Generators accumulating recyclable materials for precious metal recovery are not required to store the materials in RCRA-regulated accumulation units (i.e., tanks, containers, and containment buildings). EPA assumes these materials will be managed carefully due to their economic value. Precious metals being reclaimed must be counted towards generator monthly determination.

Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).

Description: Discusses the list of information collection activities recently approved for continuation by the Office of Management and Budget (OMB) (e.g., 8700-22 manifest, 8700-12 notification form, 8700-13A and 8700-13B Biennial Report, 8700-23 Part A permit application). The manifest renewal expires September 30, 1999. The old manifest can be used if the old expiration date is crossed out and the form contains OMB control number 2050-0039. Changes to DOT materials shipping papers affect the manifest. Memo includes approval and expiration dates for each form as well as the extent of the revisions, and discussion of information collection activities which do not require form (e.g., Part B permit application, general hazardous waste facility standards, waste specific unit requirements and special waste processes and types).

Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).

Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because §4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258

Description: An electronic record system may comply with current requirements for the use and retention of the manifest. The system should include manifest image files with original handwritten signatures, controls to ensure record accuracy, integrity and security, and retrieval features that allow for reasonable access during inspections. The company must verify that their automated system complies with applicable state manifest retention regulations.

Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.

Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.

Description: Toxicity characteristic (D008) lead-containing mini blinds are not solid waste if they are returned to the manufacturer for resale in a reverse distribution system. Blinds from homes, apartments, and hotels are exempt household hazardous waste (HHW). Waste from hospitals, offices, day care centers, and non-residential buildings at military bases are not HHW. HHW and non-HHW must be segregated. A generator can test waste or apply knowledge. The most conservative approach assumes that the blinds are hazardous waste (HW). The generator is vulnerable for enforcement for an incorrect determination if subsequent EPA testing reveals that the waste is HW.

Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).

Description: EPA does not require waste codes on the manifest, but states may require one or more waste codes to be identified. RCRA waste codes may be part of the proper DOT shipping description. When a waste meets a specific listing and exhibits a characteristic for one of the constituents that make up the listed waste code, the generator may decide which waste code to include on the manifest based on which waste code most accurately identifies the waste for emergency response purposes.

Description: Parties to the Basel convention cannot trade in hazardous wastes with non-parties in the absence of a bilateral agreement. Singapore is a Basel party while the U.S. is not, nor do these countries have an import/export agreement. EPA regulations do not prohibit imports of hazardous waste. Imported waste is regulated in the same manner as hazardous waste generated in the U.S.. Facilities receiving waste from a foreign source must notify EPA in writing at least four weeks prior to receiving the first shipment of waste.

Description: Hazardous wastewater from wood preserving plants (F032, F034, and F035) is not subject to quantity determination for the Biennial Report or for determining generator status when recycled in an on-site process without prior storage or accumulation (SEE ALSO: Section 261.4(a)(9)). If the waste is stored or accumulated prior to reuse, the generator must count the waste unless it has already been counted once.

Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).

Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.

Description: A generator has three days after the 55-gallon limit is exceeded to transfer excess waste from a satellite accumulation area. Excess waste is subject to Section 262.34(a) after three days. Contact the state agency for instances when quantities in excess of 110 gallons are generated. Federal interpretation is not binding in authorized states.

Description: Drip pad sumps can satisfy the wastewater treatment unit (WWTU) exemption if they are part of the facility’s wastewater treatment system, even though the wood preserving regulations require sumps to meet Subpart J tank standards. If a wood preserving facility qualifies as a conditionally exempt small quantity generator (CESQG), it is conditionally exempt from Parts 264/265, Subparts W and J requirements.

Description: Large quantity generators (LQGs) and small quantity generators (SQGs) may treat without a permit or interim status under Section 262.34. SQGs are not subject to Biennial Report requirements. Conditionally exempt small quantity generators (CESQG) regulations are found in Section 261.5. EPA does not require waste codes on the manifest but DOT regulations may. States may require waste codes to be listed on the manifest.

Description: When the owner and the operator of a process unit are different, EPA looks first to the operator to fulfill generator duties, although the owner remains jointly liable. If the unit’s owner operates the unit but another party owns the chemical raw materials and removes the hazardous waste, both parties are cogenerators. EPA typically looks first to the party designated by the cogenerators to fulfill generator duties. Where the responsible party is not clearly designated, EPA looks to the operator of the process unit (SEE ALSO: 45 FR 72026; 10/30/80).

Description: The transporter block on the manifest is used to identify companies that transport waste. Transfer facilities do not need to be identified on the manifest unless the owner of the transfer facility takes custody of the waste as a new transporter. Brokers, transporters, or TSDFs may be an importer and therefore subject to generator requirements. One party should assume the generator responsibilities. Discusses the procedures for handling rejected shipments of hazardous waste exported to Canada.

Description: A transporter must seek approval of the generator to change the chain of transportation on the manifest. The generator must designate all transporters on the manifest. The generator alone is responsible for a complete chain of transportation on the manifest.

Description: Cobalt oxide-molybdic oxide spent catalysts are usually nonhazardous, but can exhibit the toxicity characteristic for benzene and arsenic. EPA does not have the authority to object to imports of nonhazardous waste. In order for Basel parties to export covered waste to non-Basel parties, the two parties must have a bilateral agreement in place. Presents a list of countries that are parties to Basel as of January 10, 1996.

Description: Large quantity generators (LQGs) are subject to Part 265, Subparts AA, BB, and CC. Subpart CC does not apply to satellite accumulation areas. Subpart CC does not require the use of a specific type of equipment or add-on control device.

Description: Permitted or interim status units converted to generator accumulation units may delay closure until the final receipt of hazardous waste. The owner or operator must maintain financial assurance until final closure is completed.

Description: The manifest discrepancy regulations do not apply to waste which loses the corrosivity characteristic during transit (transportation). The manifest discrepancy regulations are intended for situations where the quantity of waste is unaccounted for. The manifest is not a certification that shipped waste is indeed hazardous. A generator can apply knowledge conservatively, rather than incur the costs of testing each waste batch or stream.

Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.

Description: There is no official method for testing ignitability of solids or sludges. Method 1010, Pensky-Martens, has some use for liquid wastes with non-filterable, suspended solids. Flash point testing is only appropriate for liquids. OSW developed and proposed SW-846 test method 1030 based on the DOT burn rate test in Section 173.124 and Appendix E (SUPERSEDED: SW-846 method 1030 finalized in 6/13/97; 62 FR 32451). If using the DOT method, separate the solid/liquid phases and test separately. Supplement tests with generator knowledge.

Description: Two autonomous divisions of the same company operating on an individual generation site are not separate generators. EPA expects each site to have one ID number. Requests for multiple ID numbers for one site are evaluated on a case-by-case by the Region or State implementing agency.

Description: During typical lead-based paint abatement, both the property owner and contractor may qualify as generators responsible for compliance. The cogenerator policy applies to cases other than those specified in the 10/30/80 Federal Register (45 FR 72024), where waste is generated by more than one party.

Description: Used silver-bearing photo fixer that is to be reclaimed is a spent material and a solid waste. Silver recovery units to be reclaimed are characteristic sludges and not a solid waste (SEE ALSO: RPC# 8/4/95-01). A generator who does not accumulate the fixer before reclamation need not count the waste for generator status and may not be subject to regulation.

Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.

Description: Discusses the EPA interpretation of enforceability of comments and notes in the regulations. Comments and notes are not legal requirements. Generators meeting the requirements of Section 262.34 need not comply with Section 265.17(a). Generators may be required to post a “no smoking” sign in accordance with Section 265.31. Treatment, storage, and disposal facilities (TSDFs) must, at a minimum, post “no smoking” signs wherever there is a hazard from ignitable or reactive waste, even if the facility has a tobacco-free environment.

Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).

Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.

Description: An intent to recycle commercial chemical product (CCP) spill residue does not automatically exempt the material from RCRA jurisdiction. The generator has the burden of proving that legitimate recycling will take place. In the absence of strong indicators of recycling, spilled CCP residues are solid wastes.

Description: Waste generated in a manufacturing process unit may remain in the unit for up to 90 days after the unit has been shut down, and may be stored for an additional 90 days in generator accumulation units. EPA headquarters policy does not address whether K050 waste is generated only through the actual cleaning of heat exchanger bundles, or if the regulated K050 waste is created when sludges remains in a shut-down exchanger for more than 90 days or when they are discarded along with an uncleaned bundle.

Description: Waste generated in a manufacturing process unit or a product storage tank is not regulated until it exits the unit or unless it remains in the unit for more than 90 days after the unit has been shut down. After removal from the unit, the waste may be accumulated without a permit for an additional period, depending on generator status.

Description: A person who transports waste from Alaska to California via Canada does not need to follow export requirements because the designated facility is not in foreign country. Transit countries need not be notified.

Description: An agent signing the manifest must be legally affiliated with the EPA ID number on the manifest. Foreign brokers can sign the manifest if they have an EPA ID number (requiring U.S. address) or are legally related to the importer (e.g., a subsidiary).

Description: If EPA has not promulgated implementing regulations, importers and exporters are not subject to international agreements. Canadian and Mexican bilateral agreements are similar to Part 262, Subpart E, so no regulations are needed. EPA will promulgate regulations implementing the OECD agreement.

Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).

Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.

Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.

Description: Export regulations apply only to hazardous wastes that are subject to manifest requirements. Generators of wastes which are nonhazardous in the U.S. but hazardous in the exporting country do not need to notify EPA of the export.

Description: The Basel Convention currently prohibits the movement of hazardous or mixed waste between the U.S. and any nation party to the Convention, unless a pre-existing agreement between the countries exists. Basel Convention restrictions extend to wastes destined for certain types of recycling.

Description: A generator who generates less than 100 kg of hazardous waste and more than 1000 kg of state regulated medical waste would not lose conditionally exempt small quantity generator (CESQG) status under federal law. State regulations may be broader in scope and facilities must comply (SEE ALSO: 60 FR 33912; 6/29/95).

Description: EPA is considering new regulations for tracking hazardous wastes destined for recycling since the Definition of Solid Waste Task Force identified high transportation costs for transporters using the Uniform Hazardous Waste Manifest.

Description: University buildings separated by city blocks or divided by public roads are individual generation sites, each requiring separate EPA ID numbers and manifests for the exchange of hazardous waste (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). If access between buildings is possible without traveling along a public road, the university is one site, and only one EPA ID number is needed.

Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.

Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).

Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.

Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.

Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.

Description: Used oil generated by a Do-It-Yourselfer (DIY) qualifies as exempt household hazardous waste. A used oil generator who collects DIY oil with a high halogen content can rebut the hazardous waste presumption by citing the household hazardous waste exemption.

Description: Lists large quantity generators of RCRA hazardous waste, as identified by EPA's 1991 biennial report. Provides information on the quantities, nature, and disposition of generated hazardous waste and the efforts to reduce the volume and toxicity of hazardous waste compared with previous years. Generator lists are arranged by state, and each state list is grouped by tons of RCRA generation. Includes a list of state contacts.

Description: No regulatory restrictions exist on importing secondary materials not meeting the U.S. definition of hazardous waste, provided the exporting nation also does not consider the material to be hazardous. The Basel Convention prohibits the transfer of hazardous waste between parties and non-parties, unless a separate agreement exists.

Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.

Description: All imports and exports of hazardous waste arriving at a Customs port must be accompanied by a hazardous waste manifest. EPA Acknowledgement of Consent must accompany hazardous waste exports. Under a Memorandum of Understanding (MOU) between EPA and the U.S. Customs Service, the U.S. Customs Service collects the manifest from the exporter and transmits it to EPA.

Description: Medical waste is not regulated as a hazardous waste under RCRA unless it exhibits a characteristic or is listed. Notification and consent for import or export of hazardous wastes is not required for medical wastes that are not hazardous (SEE ALSO: 60 FR 33912; 6/29/95).

Description: Purchasers of ships to be scrapped and sold abroad must determine when export rules apply. Vessels destined for scrap as well as any materials necessary for operating the ship are not discarded while the vessel remains intact because those materials continue to serve a useful purpose. Removal of a material from a ship's structure that is intended for discard is the point of generation. Section 106(a) of the Federal Facilities Compliance Act (FFCA) prohibits the storage of hazardous waste on a public vessel for longer than 90 days after the vessel is placed in reserve or is no longer in service without a RCRA storage permit. Materials from a dismantled ship that are to be recycled may be scrap metal.

Description: The 3005(h) waste minimization and certification requirements apply to an owner of a landfill that generates and has a RCRA Subtitle C treatment permit for F039 leachate. If the owner is a large quantity generator (LQG) and sends the waste off-site, the owner is also subject to the 3002(b) waste minimization requirements. There is no statutory exemption from waste minimization certification for facilities generating remedial waste.

Description: Waste bubblers containing phosphorous oxychloride may exhibit the characteristics of corrosivity (D002) and reactivity (D003). An importer of waste is responsible for hazardous waste determinations and generator duties. An importer could be a waste broker, transporter, or destination TSDF (SUPERSEDED: RPC# 9/14/94-02).

Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.

Description: Regulations do not specifically prohibit the use of multiple transfer facilities during the normal course of transportation. To be considered in the normal course, transportation should be completed in a timely manner. The normal course of transportation is decided on a case-by-case basis. A transporter remains responsible for the waste and the Part 263 standards while at a transfer facility. A generator must receive signed copies of manifests within the specified time periods or must file an exception report.

Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.

Description: A facilities that are is required to submit a Biennial Report should include wastes treated in exempt units, such as wastewater treatment units (WWTUs), even if the waste is not subject to substantive regulation (NOTE: See the current years Biennial Report Forms for current requirements).

Description: Nickel-containing catalysts and stainless steel scrap that do not exhibit a characteristic may be imported for recovery because they are not hazardous wastes. The applicability of the Basel Convention and bilateral agreements are discussed.

Description: Small quantity generators are subject to the land disposal restrictions (LDR) program. Only CESQGs are exempt from Part 268. The manifest does not address all of the information required to comply with the Part 268 notification requirements.

Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.

Description: A generator retains the burden of proof when claiming an imported material is not a solid waste or is conditionally exempt from regulation. An importer must make a hazardous waste determination on a shipment by shipment basis.

Description: A generator may apply knowledge for a hazardous waste determination on a nationwide basis only if all processes and materials are identical at each location. Once a waste has been tested and shown to be nonhazardous, further testing is unnecessary as long as the process and materials do not change.

Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.

Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.

Description: The presence of an EPA ID number on the manifest is not the decisive factor in assessing liability. Cogenerators of waste are all potentially liable. While a second EPA ID number can be placed on the manifest to designate cogenerators, this is not required. There is no national policy on the issuance of EPA ID numbers for waste generated on ships.

Description: Rainwater that contacts drip pad at a wood preserving facility becomes a hazardous waste and remains a hazardous waste until recycled (SEE ALSO: Section 261.3(c)(2)). Quantity of contaminated rainwater generated should be included in the monthly generator reporting requirements.

Description: No categorical determination is possible as to the reactivity of various types of aerosol cans. A hazardous waste determination is the responsibility of generator. Steel aerosol cans that do not contain a significant amount of liquid (e.g., cans that have been punctured and drained) meet the definition of scrap metal. Aerosol cans that are recycled as scrap metal are exempt, and the generator need not make a hazardous waste determination (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).

Description: The maximum theoretical leachate concentration limits for the TCLP can be calculated from the results of a total waste analysis using a specific formula. Discusses the use of a total waste analysis for liquid wastes, solid wastes, and dual-phase wastes. Discusses maximum theoretical extract concentration (MTEC).

Description: A person generating less than one kilogram of acute hazardous waste per calendar month is a CESQG. The weight of containers holding hazardous waste need not be counted towards the category limits. Both on- and off-site facilities managing a CESQG's acute hazardous waste must meet the criteria of 261.5(f)(3). There is no formal EPA approval needed in order to use alternative and equivalent method instead of triple rinsing when emptying containers holding acute hazardous waste. Cyanide-containing capsules can become empty and exempt according to 261.7.

Description: A containment building is intended to be an independent hazardous waste management units. Existing tanks, containers, and drip pads do not need to be within a containment buildings. Containment buildings can serve as secondary containment for tanks.

Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).

Description: Discusses the generator personnel training requirements. Personnel must have training in proper waste handling and emergency procedures for the waste at the facility. Personnel moving waste from satellite accumulation areas to a 90-day (or 180-day) generator accumulation area must have appropriate training. An emergency coordinator must be accessible.

Description: Once a rag, wiper, or any solid waste is drained of all free-flowing used oil, the generator must determine its hazardous waste status. Whether or not a rag contains listed hazardous waste, is mixed with listed hazardous waste, exhibits a characteristic, or is not waste at all depends on site-specific factors. Industrial laundries are not POTWs. Therefore, hazardous waste mixed with domestic sewage that is conveyed to laundry by sewer system is not excluded. Discharges from a laundry to a POTW via the sewer system may qualify for the domestic sewage exclusion.

Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.

Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.

Description: The toxicity characteristic (TC) is designed to identify wastes that may pose a risk to human health and the environment under a reasonable worst-case mismanagement scenario. Some spent batteries (battery) would fail the toxicity characteristic for lead (D008), cadmium (D006), and mercury (D009). Batteries may be eligible for the universal waste regulations. Batteries generated by households and conditionally exempt small quantity generators (CESQGs) are generally exempt from Subtitle C regulation.

Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.

Description: Evaporator units at dry cleaners that have eliminated CWA discharges due to concern over sewer leaks are generally wastewater treatment units (WWTU) (SEE ALSO: RPC# 10/22/93-02). The WWTU exemption applies only to wastewater, not concentrated wastes like free-phase perchloroethylene. CESQG status depends on the total amount of hazardous waste generated at a facility per calendar month. EPA cannot state whether all generators from a particular industry (e.g., dry cleaning) are CESQGs. CESQGs are subject only to 261.5.

Description: Discusses the procedures for adding containment buildings to permitted and interim status facilities under changes during interim status. A containment buildings is not considered newly regulated units. A generators may accumulate and treat hazardous waste in containment buildings.

Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.

Description: EPA does not require generators to list hazardous waste codes on the manifest, nor do they have to complete Section J of the manifest. 262.20 establishes the procedure that generators must follow in obtaining the manifest. The content of the biennial report is contingent upon the hazardous waste that is generated by the reporter during the reporting year, not on the waste codes that may be listed on the manifest.

Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).

Description: A characteristic sludge that is exported for reclamation is not subject to the export regulations because characteristic sludges are not solid wastes when they are reclaimed. 262.53(a)(2)(vi) refers to regulated hazardous wastes that are exported for recycling operations.

Description: Automobile shredder residue (ASR or fluff) and shredded appliances have the potential to exhibit characteristics, and may also contain PCBs above levels of regulatory concern. It is the generator's responsibility to determine whether ASR is hazardous waste before disposal. Provides the estimated ASR yearly generation. Most shredder residue is managed in solid waste (SW) landfills. Some states ban disposal of white goods (appliances) and autos from landfills or impose a consumer surcharge.

Description: Provides clarification of the phrases "at or near point of generation" and "under control of operator. . ." for wastes that are generated at many individual locations (e.g. calculator batteries (battery)) and accumulated in satellite areas.

Description: Exporters must notify and obtain consent from the receiving country prior to shipping hazardous waste. Generators are responsible for determining if wastes are subject to export regulations. Wastes not subject to RCRA are not be subject to export notice and consent provisions.

Description: Hazardous waste is subject to RCRA within U.S. borders. Hazardous waste imported to the U.S. from Mexico for subsequent shipment to Japan is subject to RCRA requirements the moment that it enters the U.S., including import provisions and export provisions. Used batteries that are sent to a battery manufacturer for regeneration are not subject to the Part 262 export requirements (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).

Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.

Description: The generator is responsible for determining the regulatory status of spent photoconductor drums removed from photocopying machines. Spent photoconductor drums taken from photocopying machines meet the definitions of spent material and scrap metal. Spent drums that are recycled qualify for the scrap metal recycling exclusion. Only wastes that qualify as hazardous are subject to the Part 262 export regulations.

Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.

Description: A generator may use total analysis in lieu of the TCLP analysis to determine if analyte could possibly be above regulatory level by dividing total concentration by 20 and comparing result with the regulatory limit. Discusses the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01 “Use of Total Waste Analysis in Toxicity Characteristic Determinations”).

Description: A generator must perform a hazardous waste determination for waste that will be exported. All TSDFs handling hazardous waste that will be exported must have the proper permits under RCRA Subtitle C.

Description: CESQG or household hazardous waste (HHW) fluorescent light bulbs may be land disposed in Subtitle D landfill regardless of characteristic properties. Land disposal restrictions (LDR) do not apply to D009 mercury-containing fluorescent light bulbs that pass the extraction procedure (EP) test (SUPERSEDED: see 63 FR 28556; 5/26/98). The bulbs are subject to LDR because they exhibit the EP toxicity characteristic and toxicity characteristic (TC), and could be considered debris per 268.45.

Description: Generators are not required to test or to specifically use the SW-846 methods except where specified in the regulations. Persons who demonstrate that their method of sampling and data interpretation is scientifically and statistically correct can use that procedure in place of the SW-846 method.

Description: CESQG waste must be treated or disposed in one of five types of facilities specified in 261.5(g)(3) (SUPERSEDED: 261.5 now allows transfer to seven types of facilities). The conditions apply to off-site and on-site management of CESQG waste. Failure to satisfy the conditions triggers permitted and/or interim status facility standards, as well as notification requirements. Generators of more than 100 kg of hazardous waste per month are subject to Part 262.

Description: Importers cannot accumulate hazardous waste under Section 262.34 when hazardous waste first enters the United States, even though importers must comply with certain other generator requirements.

Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.

Description: Generators may conduct treatment of used oil (e.g., mixing characteristic used oil with another material to render the used oil nonhazardous) in accumulation tanks or containers without a permit or interim status provided that the units conform to the standards in Part 265, Subparts I or J, and 262.34.

Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).

Description: The chemical component of biomedical radioactive mixed wastes consists of acids and bases as well as solvents. The sample and treatability study exclusions may be used to develop the mixed waste treatment capability. There is no standard procedure for sampling non-homogeneous mixed waste (or other non-homogeneous (waste) in drums. There is currently no disposal options for scintillation cocktails contaminated with radionuclides other than tritium or carbon-14.

Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.

Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.

Description: Used antifreeze from households is exempt from regulation. Used antifreeze from business is hazardous waste only if characteristic. Small business may be able to enjoy the reduced CESQG regulation. Industry data indicates used antifreeze may fail TCLP.

Description: Provides an overview of the requirements related to hazardous waste export, including notification, involvement of the U.S. State Department, Customs, receiving country consent, EPA Acknowledgement of Consent, transit country notification, and bilateral agreement requirements.

Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.

Description: Hazardous waste batteries (battery) generated by households are not subject to regulations. Batteries generated by a CESQG are subject to limited controls. Until EPA develops special management standards for recycling hazardous waste batteries, generators must still determine whether used nickel-cadmium batteries exhibit the toxicity characteristic (SEE ALSO: Part 273).

Description: Transfer facilities can serve as a central collection points for the consolidation of wastes from several locations or from generation sites, provided the collection center meets the definition of a transfer facility.

Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.

Description: A manifest with a 9/30/91 expiration date may be used through 9/30/92. Cross out the printed 1991 expiration date and replace it with the new 1992 expiration date (SUPERSEDED: manifest extended to 9/30/99 by 61 FR 54998; 10/23/96).

Description: Generator knowledge may include previous testing data on similar waste. The generator must test or apply knowledge to make a determination of hazardous waste characteristics. The TCLP particle size reduction method is up to the lab’s best professional judgment.

Description: The designated facility definition allows the shipment of waste from a state where it is hazardous to a state where it is not hazardous. The manifest requirements should be followed as required by the originating state. Discusses the applicability to shipment of excluded treatability study samples from states where it is not excluded.

Description: There is no test method for ignitable solids (D001), the generator should apply knowledge (SEE ALSO: SW-846 Method 1030 (62 FR 32451; June 13, 1997). The analyses of solids may help determine if any detectable compounds are known to be ignitable. Meeting any, not all, of the ignitability properties renders a waste hazardous. There is no specific definition of “liquid” for purposes of the Pensky-Martens closed tester (SEE ALSO: RPC# 10/20/93-01) (SEE ALSO: 60 FR 3092; June 13, 1997).

Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).

Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.

Description: The generator is responsible for designating a second transporter when hazardous waste is transferred from rail to highway. The generator is responsible for knowing who is transporting the hazardous waste so that he can ensure that the waste will reach the designated facility.

Description: Provides general guidance for the representative sampling of lead-based paint abatement wastes (debris and abrasives) from drums, roll off boxes, and other containers. Shipments of LBP abatement wastes from a field site (bridge repair) to a central accumulation point must generally be accompanied by a manifest. The central accumulation point must be a transfer facility or a TSDF to accept manifested hazardous waste. Generators conducting lead-based paint (LBP) abatement must test the wastes using TCLP unless they can apply knowledge to determine characteristics (SEE ALSO: 63 FR 70233, 70241; 12/18/98). If an LBP waste first tests nonhazardous in TCLP due to the masking effect of an iron abrasive but exhibits the characteristic prior to disposal, all hazardous waste regulations apply. LBP abatement wastes that are characteristic for lead may be stabilized on site during accumulation in tanks or containers without a permit.

Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.

Description: Discusses the use of TCLP to determine if spent antifreeze exhibits the characteristic for lead. The extraction procedure (EP) and TCLP are functionally equivalent for liquid wastes, since both lead to a direct analysis of the liquid. Extraction procedure toxic wastes are a subset of all hazardous waste. Generators may apply their knowledge instead of testing.

Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.

Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.

Description: A generator in compliance with Section 262.34 who filed a Part A application is not subject to the Part 265 standards. The procedures for protective filers to follow in withdrawing Part A application.

Description: Anode bags are spent materials when removed from electroplating bath for reclamation. Spent anode bags are both reactive (D003) and F007. Bags can be washed in an accumulation tank/container without a permit under Section 262.34. Filter media, and residue from the apparatus used to filter cyanide plating bath are D003 (reactive) and F008, but not F007. A cleaning bath that does not contain cyanides is not F009.

Description: The mandatory hazardous waste determination should be based on knowledge when the application of TCLP to discarded munitions would result in an inherently unsafe situation due to the particle reduction step. The exemption from TCLP is unwarranted because generators can apply their knowledge.

Description: Compacting hazardous waste in a steel drum is treatment if the reduction in volume results in a change in the physical, chemical, or biological character or composition of the waste. Compacting in generator accumulation containers would not require a permit.

Description: Discusses the policy on releasing information on TSDF enforcement actions to federal generators. Addresses the use of the CERCLA "off-site policy" and the Federal Government Notification System to provide information. Non-federal generators must submit Freedom of Information Act requests.

Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.

Description: A petition to allow generators of mixed radioactive and hazardous waste to treat on site without obtaining a permit might be unnecessary. Some types of treatment are allowable during the 262.34 accumulation period so long as the applicable management standards are met.

Description: In spite of the toxicity characteristic rule, generators may still apply their knowledge to make a hazardous waste determination. They must, however, be correct in their determination. Used oil filters are subject to hazardous waste determination (SEE ALSO: 261.4(b)(13)).

Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.

Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.

Description: Toxicity characteristic sludges that are generated in surface impoundments are solid waste (discarded by being abandoned). The sludges are solid waste subject to regulation not only when the surface impoundment is cleaned or closed but when sludge is generated (sludges are generated at the moment of deposition at the bottom of a unit).

Description: The Section 262.11(c) requirement for generators to evaluate listed waste for characteristics applies to land disposal restrictions (LDR) paperwork only, and does not affect generator paperwork such as the manifest or the biennial report. If waste is both listed and characteristic, then the LDR standards for the listing operate in lieu of the characteristic standards, unless the listing does not address the characteristic or is not in effect (i.e., under a variance).

Description: Clarifies a letter (RPC# 11/8/90-04). A generator may always apply knowledge in determining if a waste is hazardous waste. If no information is available except for inconclusive TCLP data, it is prudent for the generator to assume that the waste is hazardous. There is no need to perform TCLP on used oil that is destined for recycling.

Description: The Navy and a contractor generating hazardous waste on a ship are cogenerators and can mutually pick who assumes generator responsibilities. Cogenerators operating at the same site normally use that site’s EPA ID number for the manifest. A generator may use an "internal" tracking number to identify the contractor generating hazardous waste. Normally, there should only be one EPA ID number per site. Regions can make their own determinations on assigning EPA ID numbers to port facilities.

Description: TCLP is inappropriate for certain matrices, like oils and neat solvents. Dilution step shifts detection limits are above regulatory levels. If that is the case, the generator must assume that the waste is hazardous (SEE ALSO: RPC# 3/25/91-01). TCLP must be used to obtain the extract.

Description: The generator is allowed up to three days for waste transfer from a satellite accumulation area, or up to a 93 day accumulation time period for wastes in excess of the 55 gallon limit. The 90 day clock begins as soon as the waste is transferred to the generator’s 90 day accumulation area.

Description: Includes the sixth set of medical waste Qs and As and addresses federal, state, and local medical waste regulations. Discusses generator v. transporter responsibility for pretransport requirements. No semiannual report is required for generators and destination facilities. No permit is required for a medical waste disposal facility (SUPERSEDED: see 60 FR 33912; 6/29/95).

Description: A medical and disinfectant waste mixture should first be evaluated against the hazardous waste criteria. Used and unused sharps are regulated medical waste. Provides definitions of treated and destroyed. Crushing is not destruction (SUPERSEDED: see 60 FR 33912; 6/29/95).

Description: Waste antifreeze coolant (ethylene glycol) is not a listed hazardous waste (HW) but is a solid waste if intended for discard. The generator must determine if it is characteristic, by testing the waste or applying knowledge. Anecdotal evidence indicates that used antifreeze may exhibit the toxicity characteristic for lead, as determined using the EP (extraction procedure).

Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.

Description: The use of TCLP to evaluate solid waste prior to the effective date of TCLP is valid. Addresses the use of matrix spike recovery. TCLP is difficult to apply to oily or solvent matrices. In the absence of usable data, it is safest to assume the material is a hazardous waste (SEE ALSO: RPC# 3/25/91-01).

Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).

Description: Generators using AMUSON recycling should not count waste that is not stored prior to placement in the treatment tank. The treatment tank may not be regulated if it is a CESQG or a generator accumulation unit. Treated wastewater is generally not a reclaimed product. In certain cases, treated wastewater that is legitimately reused is considered reclaimed and is not a solid waste.

Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.

Description: Utility poles may exhibit the toxicity characteristic (TC) for organic constituents and trigger hazardous waste regulation. A generator of used utility poles removed from ground must determine if poles exhibit a characteristic of hazardous waste.

Description: An absorbent does not have to be added when the waste is first containerized to meet the absorbent exemption. Generators can accumulate waste in other containers before adding the waste to a container along with the absorbent.

Description: F-listed solvent used to dissolve CCP to formulate lab standards use as an ingredient, not a solvent. Diluting or dissolving chemicals to make lab standard is not use. Discarded unused lab standards with P- or U-list chemicals are P-list or U-list hazardous waste if there is one active ingredient. The federal regulations do not require waste codes on the manifest, but the state may. If the waste is both listed and characteristic, it carries all applicable codes for land disposal restrictions (LDR) and incompatible waste.

Description: There is an exemption for a battery (batteries) returned for regeneration, not spent nickel-cadmium battery export for reclamation (SUPERSEDED: see 60 FR 25535; 5/11/95). Draining is not regeneration. A battery does not have to be contaminated to be a spent material. If it is unknown if a battery reusable, generator may consider spent. Generator determines if spent. Must document claims per 261.2(f) (SEE ALSO: Part 273).

Description: If rinsing is conducted on non-empty container or to render container empty, rinsate is subject to all hazardous waste regulations. If a container empty per 261.7 is rinsed, the rinsate is exempt, including from requirement to determine if the rinsate is characteristic. (SUPERSEDED: see RPC# 4/12/04-02)

Description: A product being used for its intended purpose is not a solid waste until it no longer can be used for its intended purpose (e.g., spent, off-specification, beyond expiration date). Although data may indicate a waste is not hazardous, each individual generator is responsible for evaluating the waste and making a hazardous waste determination.

Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).

Description: Hospitals incinerating medical waste from off-site generators of less than 50 pounds of medical waste per month need to comply with Part 259, Subpart G, but are not subject to Part 259, Subpart I (SUPERSEDED: see 60 FR 33912; June 29, 1995).

Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).

Description: Disposable dental instrument trays could be regulated medical waste if contaminated with blood or isolation wastes. If the trays are recycled into a new product, they may be exempt at the point of recycling. Generators of regulated medical waste to be recycled must track the items to the recycling facility (SUPERSEDED: see 60 FR 33912; 6/29/95).

Description: EPA has no authority to control the export of municipal solid waste. The export of hazardous waste is regulated. New requirements for municipal solid waste exports are predicted as result of Basel Convention and pending legislation (SEE ALSO: 61 FR 16290; 4/12/96 and 57 FR 20602; 5/13/92).

Description: Discussion of the CESQG. A generator may treat hazardous waste up to 90 days without a permit. Dinoseb sole active ingredient in formulation is P020. Dinoseb and naptalam active ingredients are not listed. Dinoseb major constituent (95%) is a technical grade CCP and is listed if discarded unused. Dinoseb salts are not included.

Description: Autoclaving is legitimate treatment but not a legitimate destruction method;. Generators who treat and destroy on-site must comply with the Part 259 storage requirements before treatment/destruction. A QA/QC performed on test kits may generate regulated medical waste. Discussion of microorganisms (SUPERSEDED: see 60 FR 33912; 6/29/95).

Description: Two facilities owned by same company but separated by a river must have separate EPA ID numbers. Waste transported from one facility to another by public highway must be accompanied by a manifest (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; February 12, 1997).

Description: Generators must use the USPS registered mail return receipt requested system to qualify for the sharps mailing exemption. The exemption applies to generators in covered states who generate less than 50 pounds/month and ship less than 50 pounds of regulated medical waste per shipment (SUPERSEDED: see 60 FR 33912; 6/29/95).

Description: Generators are still subject to the land disposal restrictions (LDR) notification requirements during variance from treatment standards for wastes disposed of in an UIC wells. During the variance, notification must indicate that the waste need not meet the treatment standard (SEE ALSO: 60 FR 43654; August 22, 1995).

Description: Waste moved within a corporate park among wholly owned subsidiaries without use of public road does not need a manifest because it is not transported off-site. Off-site is interpreted as that which is not on-site.

Description: ID numbers are issued by-site. On-site includes geographically contiguous property which may be divided by public or private right-of-way. If the public has access to rights-of-way, it is not considered a single property (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; February 12, 1997).

Description: Dental silver amalgam is not specifically listed as a hazardous waste. The American Dental Association (ADA) research suggests amalgam does not exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24), but the burden of determination is ultimately the generator's. ADA data could be the basis of a determination by knowledge. CERCLA 107 liability is independent of the material’s regulatory status under RCRA.

Description: Generators and transporters must obtain EPA ID numbers before they treat, store, dispose of, transport, or offer for transportation, hazardous waste. EPA generally issues one EPA ID number to each unique site. The on-site definition may help in deciding whether a facility constitutes more than one site for purposes of assigning ID numbers (SEE ALSO: RPC# 9/1/83-01). The Region or state implementing agency ultimately decides how many EPA ID numbers apply to particular facility.

Description: A depleted mixture of ethylene glycol and water used as a coolant is a solid waste when disposed, but would only be hazardous waste if it exhibits a characteristic since no listings apply. Generators must test their wastes or apply knowledge. There is no federal regulation for nonhazardous waste generators.

Description: The 55-gallon limit applies to the total of all non-acutely hazardous waste in a satellite accumulation area. There is no limit on total number of satellite accumulation areas at a facility. There is no specific size of containers required for satellite accumulation.

Description: Portable roll-off boxes meet the 260.10 definition of container and may be used for satellite accumulation as long as quantity limits, time limits, and other conditions of 262.34(c) are met. Any device meeting the definition of a container may be used for satellite accumulation.

Description: Dental amalgam is not specifically listed, so the generator is responsible for determining the applicability of hazardous waste characteristics. Silver and mercury are of particular concern. EPA has no plan to develop specific rules regarding the recycling of dental amalgam.

Description: Exported petroleum wastes that are hazardous are subject to Part 262, Subpart E. If waste is not hazardous then there are no requirements under U.S. law. Receiving country and any transit countries may have regulations that apply. TSCA bans export of PCB-containing oils (Section 761.20(c)).

Description: If contaminated soil is removed from a site, the generator must determine if the soil contains hazardous waste by testing and/or applying knowledge. In the absence of a specific cleanup order, soil left in place is not subject to RCRA Subtitle C requirements, including testing (SEE ALSO: 61 FR 18779; 4/29/96).

Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.

Description: Spent abrasives from sandblasting used as an ingredient in Portland cement are solid wastes because they are used to produce a product that "will be, or is likely to be, placed on the land," and are subject to hazardous waste regulation if characteristic, including manifesting and export notification.

Description: Samples collected for testing are exempt from RCRA under certain conditions. Samples need not be managed as hazardous waste when being tested. Once samples are no longer exempt, a hazardous waste determination must be made, and waste becomes subject to regulation if it is hazardous. Conditionally exempt small quantity generators (CESQGs) are subject to hazardous waste determination and must send waste to a facility that is authorized to accept such waste. CESQGs that accumulate greater than 1000 kg of hazardous waste are subject to 262.34.

Description: Explains the differences between Part 261 Appendix VIII and Part 264 Appendix IX. EPA uses 261 Appendix VIII in listing hazardous wastes, but it should not be used by generators in waste identification. 264 Appendix IX is used only for groundwater monitoring at permitted facilities.

Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.

Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.

Description: Hazardous waste is considered generated when it is first produced or first becomes subject to regulation, not when generator first analyzes waste. Failure to properly analyze, label, and accumulate waste does not exempt the waste from regulation. The generator accumulation time period and regulations apply as soon as waste is produced or when waste is removed from the satellite accumulation area.

Description: Stabilizing F006 compounds prior to thermal drying is hazardous waste treatment. A permit is not needed if the unit is exempt under 270.1(c)(2) or if treatment occurs in generator accumulation units in compliance with 262.34. A permit is required if thermal treatment of hazardous waste is involved.

Description: Generators must determine their generator status based on the total amount of hazardous waste generated in a calendar month, including the amount of spent solvent generated before it is recycled (assuming solvent is subject to substantive regulation prior to entering recycling unit). The accumulation time for still bottoms produced in an on-site distillation unit begins when they are removed from the recycling unit. Still bottoms are subject to all applicable 262.34 regulations. The recycling unit is exempt from regulation. Spent solvent still bottoms removed from an exempt distillation unit carry the listing derived from the original listed solvent.

Description: Transporters who mix wastes of different DOT descriptions are not generators of waste. Instead, they assume generator responsibilities such as initiating a new manifest or amending an existing manifest. Previous manifests must be attached to the new manifest.

Description: CESQGs may accumulate up to 1000 kg of hazardous waste on site without being subject to the federal hazardous waste regulations. Samples collected for the sole purpose of testing are not subject to the federal hazardous waste management regulations.

Description: Flue dust generated by an air pollution control device in a brass mill is a characteristic sludge. Metal hydroxide sludge generated in a wastewater treatment unit at a brass mill is a characteristic sludge. Characteristic sludges from air and water pollution control devices are not solid wastes from the point of generation forward if sludges are destined for reclamation in a manner not involving placement on land. A generator must document the claim that a sludge is excluded from the solid waste definition.

Description: The 262.34 accumulation unit permit exemption is not relevant to exempt wastewater treatment units (WWTUs) (SEE ALSO: RPC# 2/1/1995-01). For the WWTU exemption, wastewater is less than 1 percent total organic carbon (TOC) and less than 1 percent total suspended solids (TSS) (SUPERSEDED: see RPC# 2/11/1991-01). A generator in compliance with 262.34 is exempt from permitting for hazardous waste treatment or storage. Accumulation time begins at the moment the waste first enters the unit.

Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.

Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.

Description: Waste produced at sea is subject to regulation as soon as it is produced unless it is in an exempt unit such as product or raw material storage tank, product or raw material tank vehicle or vessel, or manufacturing process unit (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Under EPA's cogenerator policy, either Navy personnel or contractors meeting generator definition may perform Part 262 duties. A contractor may sign a manifest certification on behalf of a generator, such as the U.S. Navy, if properly authorized.

Description: A recycling facility where waste is directly off-loaded from vehicles into recycling equipment does not need a storage permit. Each facility must be evaluated on a case-by-case basis to determine if storage occurs. The arrival of waste at designated facility is the end of the transportation phase, therefore a designated facility (e.g., recycling facility) cannot be a transfer facility. A piece of property contiguous to a designated facility cannot be a transfer facility.

Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.

Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.

Description: A generator should only count hazardous waste that is subject to regulation. Spent dry-cleaning filters placed directly into a distillation unit without intervening storage are not counted.

Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).

Description: Waste pumped to an elementary neutralization unit (ENU) which is not treated for two months is not counted towards generator status. Waste is not subject to substantive regulation as long as it remains in an ENU.

Description: Wastewater treatment units (WWTUs) must be dedicated for use with an on-site wastewater treatment facility. Tanks occasionally or routinely used to store or treat wastewaters before off-site transfers are not WWTUs.

Description: The 261.4(a)(7) exemption only applies to sulfuric acid used in production of virgin sulfuric acid. Generators of sulfuric acid must have adequate documentation to support any exemption claims. The regulatory status of spent sulfuric acid depends on how it is recycled. Used sulfuric acid produced by sulfonation, alkylation, and dehydration reactions may be regulated as a by-product or co-product. Materials used as ingredients for product fuels or fertilizers are still solid wastes.

Description: Only class C explosives designated as off-specification small arms ball ammunition (=.50 caliber) are not reactive (D003). Any other class C explosives, including small arms non-ball ammunition, may be hazardous waste. The generator is responsible for characterization.

Description: The P- and U-lists apply to commercial and technical grades of a product, and to formulations in which chemical is sole active ingredient. Sole active ingredient means the only chemically active component for the function of the product. If a waste is not listed, the generator must test or apply knowledge to determine if waste exhibits a characteristic.

Description: The manifest number information that is required in the land disposal restrictions (LDR) notification provisions is not necessary for those waste shipments which are not required to have manifests (SEE ALSO: 268.7(a)(10)).

Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.

Description: If a generator reclaims hazardous waste spent solvent but does not store it prior to reclamation, only still bottoms are counted toward the generator category determination. If a generator stores a spent solvent before reclamation, the spent solvent is counted, but still bottoms are not.

Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.

Description: Groundwater contaminated with F001-F005 solvents is subject to Subtitle C because it contains a listed waste per the contained-in policy. If the groundwater is treated such that it no longer contains a hazardous waste, or the solvents in the groundwater are delisted, it is no longer subject to Subtitle C (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).

Description: Liquid scintillation cocktails Ecoscint A and O are not listed, EP (extraction procedure) toxic (SUPERSEDED: See 261.24) or ignitable (D001), but data provided are not sufficient to make corrosivity (D002) or reactivity (D003) determination (SEE ALSO: RPC# 3/1/89-04). The generator is responsible for the hazardous waste determination.

Description: A generator site may include each vessel where waste is generated. If a buoy is brought onto a ship to remove an ATON battery, the ship is the generation site rather than the buoy. A ship accumulates spent batteries per 262.34. A shore facility accepting spent batteries may qualify as a transfer facility (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022 and Part 273).

Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.

Description: The generator of residuals from treating sewage sludge must determine if the residuals are characteristic hazardous waste. The determination can be made by testing or by applying knowledge of the materials and processes. EPA does not endorse or support specific processes.

Description: The definition of generator is keyed to both person and site. Where different persons conduct different regulated activities at one site, each person must apply for separate EPA ID number. The region or state implementing agency may assign the same number to both entities.

Description: U-listed product residuals flushed from the product line and mixed together results in a waste with multiple U listings. If the CCPs are intended for reclamation, they are not solid wastes. Discusses the use of a manifest continuation sheet v. more than one manifest for multiple waste shipments.

Description: A service company may act on behalf of a generator and re-package waste into larger containers (lab packs) with absorbents without a permit. Generators may treat in accumulation tanks or containers provided the treatment is not thermal treatment or incineration. The addition of absorbents to waste is exempt from permitting.

Description: Generators accumulating hazardous waste are exempt from permitting whether or not they are treating the waste. Thermal treatment (open burning/open detonation) is not exempt (SEE: Part 265, Subpart P).

Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).

Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).

Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.

Description: Paint wastes are exempt household hazardous wastes (HHW) if they are generated by homeowners and not by contractors (SUPERSEDED: RPC# 3/1/90-06). HHW from federal agencies is not HHW. Certain material and soil contaminated with weathering lead based paint is characteristic for lead. If characteristic soil is actively managed, it is a hazardous waste. Discusses lead paint remediation methods (SEE ALSO: RPC# 3/7/95-01). A property owner is normally not required to characterize soil left on site. Addresses factors in determining if soil removal is required. On-site soil treatment needs a permit unless the generator is exempt (SEE ALSO: 61 FR 18779; 4/29/96).

Description: Generators managing restricted waste must send the land disposal restrictions (LDR) notification to the treatment facility (SEE ALSO: See 62 FR 25997; 5/12/97). The notification must include the appropriate treatment standard and the California list prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). The notification information may be placed on the manifest.

Description: Generators must determine if their waste is subject to the land disposal restrictions (LDR) at the point of generation through analysis or knowledge of the waste. Facilities are required to send LDR notification with each waste sent to an off-site storage facility (SUPERSEDED: 62 FR 25997; 5/12/97).

Description: Generators must send land disposal restrictions (LDR) notification and/or certification with each shipment of waste even if the waste is to be exported (SUPERSEDED: See 62 FR 25997; 5/12/97). The waste analysis, recordkeeping, and notification requirements apply when the generator handles restricted wastes, regardless of whether the waste will be land disposed.

Description: Transporters distributing or splitting waste from a bulk storage tank into several loads at a transfer facility, for delivery by different transporters, would need to ensure that the generator prepared separate manifests noting the total amount of waste and that the waste will be split among the different transporters (SEE ALSO: RPC#8/7/98-02).

Description: A restricted waste is subject to the land disposal restrictions (LDR) even if accompanied by a delayed effective date. The initial generator must determine if the waste is restricted. If a facility treats waste to meet the treatment standard or if the waste meets the treatment standard upon generation, certification may be required.

Description: Acute hazardous wastes should be counted and managed separately from non-acute hazardous wastes. There can be different accumulation times for acute and non-acute hazardous wastes at the same generator facility.

Description: An off-site shipment of a California list hazardous waste must be accompanied by a manifest, even if the waste code which makes it hazardous is not restricted (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Sludges which result from the treatment of restricted characteristic wastewaters and are destined for reclamation are not subject to the land disposal restrictions (LDR) because they are not solid wastes (SUPERSEDED: see 58 FR 29860; 5/24/93) (SEE ALSO: 60 FR 43654; 8/22/95).

Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).

Description: A sham recycling of waste by burning (less than 5000 Btu heating value) determination is site-specific. The blending of high and low Btu value waste may not render subsequent burning a sham (SUPERSEDED: RPC# 11/8/94-01; 266.100). A listed waste treatment residue retains its listing. EPA waste codes are not required on the manifest by EPA, but states or DOT may require them (SEE ALSO: RPC# 11/17/89-02).

Description: A unit treating ash from an incinerator is not a totally enclosed treatment unit (TETU) since the incinerator is not an industrial process, the ash unit is not connected to an industrial process, and the incinerator releases constituents into the air. Treatment in a generator accumulation unit is exempt from permitting (SEE ALSO: RPC# 12/15/87-03).

Description: Combining different hazardous waste in the same tank truck for transport is not regulated as hazardous waste treatment. The optional boxes on the manifest that are left blank are for use by states. EPA does not require waste codes on the manifest. Each waste in a waste mixture must be described on the manifest (currently under EPA review).

Description: The liquid scintillation cocktail, Scintiverse BD, is not a listed hazardous waste, but might exhibit a characteristic (SEE ALSO: RPC# 3/1/89-04). Each generator is responsible for making a hazardous waste determination per 262.11.

Description: The liquid scintillation solution, Ready Safe, is not a listed hazardous waste (SEE ALSO: RPC# 3/1/89-04). It may exhibit a characteristic. Each generator is responsible for making a hazardous waste determination.

Description: Generators may accumulate hazardous waste on site for 90 days or less without a permit. Generators may obtain a 30 day extension if the waste remains on site due to unforeseen, temporary, and uncontrollable circumstances. An authorized state may grant an extension without consulting EPA.

Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.

Description: A commercial chemical product (CCP) that has exceeded its shelf-life can be shipped back to the manufacturer for possible reclamation without a manifest (reverse distribution). An unused chemical remains a CCP (not solid waste) until such time that the manufacturer discards or intends to discard the CCP.

Description: Uncracked lead-acid batteries sent to Canada for recycling are not subject to the export requirements (3017) because they are not subject to manifesting. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, 273.56)

Description: Each ATON unit service area (landbased or tender vehicle) is a point of generation (ships as generators) that is subject to the applicable generator standards (SEE ALSO: Federal Facility Compliance Act (FFCA) section 3022)). Aids to navigation batteries (ATON) that are removed from service must be manifested. The location where the battery is removed from service is a waste generation site. Batteries may be held for up to 10 days at a transfer facility (SEE ALSO: Part 273). The entire aid to navigation (ATON) battery is counted in weight calculations. Each ATON unit service area (landbased or tender vehicle) is a point of generation that is subject to the applicable generator standards. The satellite accumulation area provisions do not apply to ATON service locations (SEE ALSO: Part 273).

Description: EPA’s strategy favors source reduction, waste minimization, and recycling over treatment and land disposal. Includes four reasons why source reduction is preferable to treatment. Not all wastes can be eliminated by source reduction.

Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.

Description: EPA does not regulate the actual reclamation process. A generator performing distillation would not need to comply with other requirements. A generator complying with 262.34 can treat in an accumulation unit without a permit or interim status. Treatment equipment marketing is not regulated.

Description: Generators can treat in accumulation tanks or containers without a permit provided the treatment occurs in units complying with Subparts I or J of 265. Open burning in drums or tanks is not allowed under 262.34. Subparts I and J limit the type of treatment that can occur. Burning in open drums is not allowed because open burning (defined in 260.10) is a method of disposal. Open burning (thermal treatment) of waste, except for explosives, is prohibited under 265.382.

Description: Radioactive mixed waste is not regulated under RCRA in an authorized state until the state receives authorization. States can regulate mixed waste under state law. There are no inconsistencies between the Nuclear Regulatory Commission and EPA generator storage requirements (SEE ALSO: 64 FR 63464; 11/19/99).

Description: Wastes generated in a manufacturing process unit are not subject to the land disposal restrictions (LDR) until the waste exits the manufacturing process. The initial generator should determine if the waste is eligible for a national capacity variance.

Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.

Description: RCRA 3017 prohibits the export of hazardous waste without prior notification to EPA. Spent batteries sent to a foreign country for recycling are exempt from the export requirements if the batteries are uncracked. Notification and consent can cover a period of up to 12 months. A 60-day waiting period for approval to export applies only to the first shipment. Bilateral agreements can take priority over a written consent requirement. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, and 273.56)

Description: The export of hazardous waste is prohibited unless the 262 Subpart E requirements are met. The U.S. and Mexico have bilateral agreements. The legal liability for hazardous waste does not end when the waste exits the U.S. Exported wastes must be manifested and handled in accordance with the receiving country’s terms of consent.

Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.

Description: A new tank system and its components must have secondary containment, be compatible with the waste, protect against corrosion, and withstand vehicular overhead stress. A tank system must be installed properly and tested for tightness before it is put into service.

Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.

Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.

Description: Waste sodium hydroxide (NaOH) that is used as a substitute for a commercial product in a tank clean-out is not a solid waste if it would function as a product in normal commercial use, unless it is speculatively accumulated. A generator may increase the effectiveness of a “product” by adding additional NaOH.

Description: Evaporation meets the definition of treatment. Since an evaporator could release solid or hazardous constituents or water vapor into the air, the unit is not a totally enclosed treatment unit (TETU). An evaporator meets the definition of a thermal treatment unit, and if it meets the definition of a tank, generator treatment in the accumulation unit is exempt from permitting (SUPERSEDED, no thermal treatment in generator units: see RPC# 10/17/94-01).

Description: The manifest instructions require generators to use continuation sheets when more than two transporters are used or if more space is needed for DOT description information. States may require the use of additional manifests rather than continuation sheets.

Description: Releases of hazardous wastes by generators may be addressed under 7003 corrective action authority (SEE ALSO: RPC# 8/1/86-04). 3004(u) applies only to facilities seeking or in the process of obtaining a permit. Once a facility has been denied a permit, it no longer has interim status, but 3008(h) still applies.

Description: CESQGs must ensure the delivery of waste to one of five types of facilities listed in 261.5(g)(3)(i)-(v) (SUPERSEDED: 261.5 now allows delivery to seven types of facilities). A company may consolidate waste from multiple CESQGs as a transfer facility. CESQG waste that is not sent to a facility specified in 261.5(g)(3)(i)-(v) no longer qualifies for the conditional exemption (SEE ALSO: 61 FR 34252; 7/1/96, 60 FR 25492; 5/11/95) (Currently under EPA review).

Description: Ash derived from burning CESQG waste is not exempt from hazardous waste regulation. Ash from burning household waste remains exempt (SUPERSEDED: See RPC#10/1/94-02). Ash from burning arsenical-treated wood is subject to regulation if it is characteristic. CESQG waste is hazardous waste, but is exempt from regulation.

Description: Farmer can dispose of rinsate from containers of 2, 4-D pesticide at their own farm if they comply with 262.51 (SUPERSEDED: now 262.70). If farmers render a container empty, they can ship the container without a manifest .

Description: Based on the supplied data, EPA agrees that Li/SO2 (lithium-sulfur dioxide) batteries are unlikely to exhibit the reactivity characteristic when they are fully discharged to zero volts. Fully-charged and duty-cycle Li/SO2 batteries are reactive. The generator is responsible for the hazardous waste determination. The placement of ignitable (D001) or reactive (D003) waste into a landfill is prohibited unless it is treated, rendered, mixed before, or immediately after, placement in the landfill so that it is no longer characteristic (SEE ALSO: Part 268).

Description: The liquid scintillation cocktail, Bio-Safe II, does not appear to be a hazardous waste, provided that it is not reactive (D003) or corrosive (D002), since it is not ignitable (D001) and does not exhibit the toxicity characteristic (D018-D043). Neither scintillation cocktails, nor lab wastes in general, are listed (SEE ALSO: RPC# 3/1/89-04). Hazardous waste identification is the generator's responsibility.

Description: Generators must send land disposal restrictions (LDR) notification with each shipment for wastes with restricted constituents (SUPERSEDED: See 62 FR 25997; 5/12/97). If the waste can be disposed without treatment, generator certification is necessary. Disposal facilities must verify that restricted wastes meet treatment standards.

Description: EPA cannot grant extensions to the effective date of land disposal restrictions (LDR) to generators that need time to find treatment capacity for restricted wastes or if treatment is costly. If adequate treatment capacity does not exist, the generator may apply for a case-by-case extension.

Description: Foundry sands that are accumulated for 90 days or less in tanks or containers prior to recycling are subject to 262.34. A storage permit is required if the foundry sands are stored on site for greater than 90 days.

Description: While scintillation cocktail products EcoLite and EcoLume are not listed hazardous waste and do not appear to be characteristic, the generator is responsible for the determination (SEE ALSO: RPC# 3/1/89-04). Radioactive materials are not specifically listed or characteristic.

Description: Recycling is a form of treatment. Recycling residues (still bottoms) are eligible for 262.34, including satellite accumulation. Still bottoms are not counted toward monthly generator determination if the spent solvents were already counted. The treatment activity is another distinct point of generation.

Description: Discusses the applicability of the solvent mixture rule to F003. Wastes that meet both the F003 and F005 listings must receive both waste codes on the manifest and on generator notification. A technical or commercial grade xylene solution meets the F003 listing.

Description: A facility with an exempt wastewater treatment unit (WWTU) is usually not a designated facility and cannot accept manifested off-site waste. A POTW with a permit-by-rule is a designated facility. A designated facility is facility permitted, interim status, or a recycler (SUPERSEDED: See RPC# 3/26/98-01).

Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, a copy of the consent is attached to the manifest, and the shipment conforms to the consent.

Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, the copy of consent is attached to the manifest, and the shipment conforms to the consent. EPA expects that exporters will not typically exceed the 90 day generator time limit.

Description: A generator may accumulate up to 55 gallons of hazardous waste, or one quart of acutely hazardous waste, at a satellite accumulation area. EPA believes that only one waste would normally be accumulated at each area. There is no limit to the number of satellite areas at a generator site. A container in a satellite area does not have to be a specific size. There is no limit on the number of containers at a satellite area.

Description: The one-year storage prohibition period for a generator with interim status for storage begins on the date when waste is first placed in the tank or container. An owner/operator bears the burden of proof for storing waste longer than one year. Wastes initially accumulated prior to the land disposal restrictions (LDR) are not subject to storage prohibitions.

Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.

Description: Provides guidance on determining an adequate binding level for chemically stabilizing bulk liquid waste. An owner or operator of a landfill is responsible for meeting the bulk liquid provisions (3004(c)(1)). A generator or client of a landfill is not responsible (SEE ALSO: RPC# 11/17/93-02).

Description: If residue from a waste treated voluntarily during a national capacity variance does not meet specifications of the waste subject to the national capacity variance, the residues must meet their treatment standard or the generator can submit a no-migration petition or apply for a treatability variance.

Description: Addresses EPA comments on the draft DOD Instruction on the Applicability of RCRA to demilitarization of munitions. “Leakers” are not normally amenable to further use. Hazardous waste munitions that are commingled with other munitions are subject to regulation, including the use of a manifest (SEE ALSO: 62 FR 6622; 2/12/97).

Description: A person who drains spent acid from battery shells is subject to the generator provisions if the acid exhibits a characteristic. Because the act of draining batteries is not part of the reclamation process, a person who drains but does not crack batteries is not subject to 266.80(b) (SEE ALSO: Part 273).

Description: Valclene or trichlorotrifluoroethane that is used in dry cleaning operations is F002. SQGs generating certain spent solvents qualify for a two-year national capacity variance until 11/8/88. CESQGs are not subject to land disposal restrictions (LDR).

Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.

Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).

Description: Safety-Kleen parts washers are not exempt manufacturing process units under section 261.4(c). A solvent is considered spent when it can no longer be used, and spent materials are solid wastes when they are reclaimed. An operator becomes a generator when the cleaning apparatus is removed from drum.

Description: There is no requirement for an authorized representative to sign the manifest certification. The person signing the certification should have direct knowledge of the information on the manifest. The generator biennial report certification allows a certification of accuracy and completeness of the report.

Description: A generator is not required to list waste codes on the manifest. States might require waste codes. When completing notification form 8700-12 , the generator must list all the individual hazardous waste codes generated.

Description: LQGs are subject to the Part 265 Subpart J tank standards. Existing LQGs are not subject to the tank secondary containment provisions for underground tanks that cannot be entered for inspection until the State adopts the regulations.

Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.

Description: Phosphoric acid used as a wastewater conditioner is not a solid waste (SW). Phosphoric acid used to produce a fertilizer is not a SW if it is purer in acid content and no more contaminated than virgin phosphoric acid that is typically used. The generator maintains the burden of proof.

Description: A facility permitted, licensed, or registered by the State may manage CESQG waste. The state may use any mechanism to assess the risks associated with facilities handling the exempt waste. An exchange of letters would be appropriate to achieve registration of a facility.

Description: Primary exporters of recyclable materials that are used for precious metals recovery are subject to the export regulations. Transporters must ensure the Acknowledgment of Consent accompanies the shipment, and that the shipment conforms to the Acknowledgment of Consent.

Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.

Description: Solvent filter cartridges and still bottoms are only counted to determine a generator’s regulatory status when removed from the dry cleaning process. Materials that are reused one or more times within a calendar month need only be counted once. Solvents in a dry cleaning machine are not subject to counting if the machine qualifies as a closed-loop reclamation process.

Description: Mercury dry cell batteries (battery) that exhibit a characteristic are hazardous waste (HW) and must be managed by a HW management TSDF, unless they are household hazardous waste (HHW) or a CESQG waste (SEE ALSO: Part 273).

Description: A characteristic by-product being exported for regulation is not a solid waste and not subject to the exporting requirements. A generator exporting a characteristic by-product for recycling is subject to the section 261.2(f) documentation that the material is not a solid waste. The exporter should be able to demonstrate a known market or disposition for material.

Description: EPA is considering a petition to exempt solvent-contaminated shop towels and disposable industrial wipers from the definition of hazardous waste under the mixture rule (SUPERSEDED: see RPC# 2/14/94-01). Evaporation in a generator accumulation container is not exempt as a condition of the exemption is that containers remain closed except to add or remove waste (SEE ALSO: Part 264/Part 265, Subpart CC).

Description: An elementary neutralization unit (ENU) or wastewater treatment unit (WWTU) can be a series of connected units. A flume, gutter, pipe, or open channel may be defined as a tank. WWTU wastewater is water with few percent contaminants (SUPERSEDED: See RPC# 2/11/91-01, RPC# 6/2/93-04). Pouring characteristic hazardous waste (HW) into an industrial sewer drain pipe where HW mixes with wastewaters is not treatment as the dilution is incidental to the pipe's primary purpose of conveyance (SEE ALSO: 268.3). An open channel in an enclosed building is not a totally enclosed treatment unit (TETU). HW subject to substantive regulation is counted for generator category determination. HW piped directly into an ENU and CWA sewer discharge is not counted. The 261.3(a)(2)(iv) de minimis mixture rule exemption is only for listed HW mixtures, not characteristic mixtures.

Description: A contractor recycling a solvent at a generator site using a mobile treatment technology is not a cogenerator if the solvent was a hazardous waste before the contractor comes on-site or if the solvent was stored prior to recycling since the contractor activity did not cause a waste to become subject to regulation (SEE ALSO: 45 FR 72024; 10/30/80).

Description: Releases from 90 day accumulation tanks are not normally covered by RCRA sections 3004(u), 3004(v) or 3008(h) corrective action authorities, however, a leak from a generator tank which is not cleaned up may be considered open dumping under RCRA and could be covered by the imminent hazard provision of section 7003.

Description: All counting occurs on a month-to-month basis. The multiple counting exemption in section 261.5(d)(3) applies only within one month. Solvent waste counted and reclaimed in October must be counted again if the solvent is reused in November.

Description: Holding is not defined in RCRA, but means the containment in a storage unit. A discussion of the definition of storage and disposal. A temporary period is not defined in RCRA, but it is related to closure and financial assurance. A pipe, funnel, or hose used to transfer waste to or from a storage unit is regulated as part of the unit.

Description: All generators accumulating waste in compliance with section 262.34 may treat in on-site tanks and containers. Treatment in other units requires permit. EPA does not distinguish between accumulation for handling other than treatment and accumulation for the sole purpose of treatment.

Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).

Description: Methylene chloride is a listed waste (F002) when used as a solvent and can be toxic. Muriatic acid is likely to be corrosive (D002) but not toxic. Generators who produce greater than 100 kg/mo are subject to regulation. CESQGs may dispose of hazardous waste in any state approved landfill.

Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.

Description: Based on trade association data, x-ray film does not appear to be hazardous waste (HW). Nonetheless, each generator is responsible for making this determination. If HW x-ray film is sent for precious metal recovery, the generator must manifest the waste and get an D number.

Description: Used x-ray film is a spent material, but it is not specifically listed hazardous waste (HW). Although trade association data suggest it is not characteristic, each generator is responsible for the HW determination. If HW x-ray film is sent to a silver reclaimer, the generator must get an ID number and manifest the waste.

Description: Commercial pesticide applicators who apply and dispose of pesticide for farmers can qualify for the farmer exemption. All pesticide residues must be disposed on the farm where they are used. The general disposal instructions on pesticide label satisfy 262.70 requirements.

Description: Spent lead-acid batteries (battery) sent to Taiwan for reclamation are exempt from the hazardous waste exportation regulations since the generator does not reclaim batteries. Section 266.80 exempts the generator from Part 262 requirements. (SUPERSEDED: See 266.80(a)(6)-(7))

Description: A CESQG treating on-site exceeding the 1000 kg accumulation limit may apply for interim status instead of managing the waste under LQG requirements. Since CESQGs are exempt from submitting a Notification of Regulated Waste Activity Form (8700-12), the notification is not required for the eligibility for interim status under section 3005(e) of RCRA (3010).

Description: A parts washer leased from Safety-Kleen functions as a manufacturing process unit. The mineral spirits are not subject to regulation until they are removed from the unit. Mineral spirits are counted when removed from the unit or 90 days after the unit ceases operation (SUPERSEDED: See RPC# 12/1/86-01).

Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).

Description: CCPs or mixtures of CCPs (e.g., methyl isocyanate and methylene chloride) reclaimed or used for their intended purpose (e.g., in manufacturing process) are not solid waste, and are not regulated. The mixture does not need to be manifested and the receiving facility does not need a storage permit.

Description: A generator may use knowledge to make a characteristic determination, including the total waste concentration. When using total waste analysis in lieu of the extraction procedure (EP) or TCLP tests, the generator must assume all the contaminant present in the waste will migrate or leach into a liquid extract. A discussion of the maximum theoretical extract concentration (MTEC) (SEE ALSO: RPC# 1/1/94-01).

Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.

Description: Part 261, Appendix VIII, hazardous constituents are not the only listing determination factor for solvent TF-1, there are other factors. Solvent and PCB wastes with Appendix VIII constituents are not hazardous waste unless they are listed or characteristic. TSCA has the authority to regulate PCB handling and disposal (SEE ALSO: 261.8).

Description: Both the ship and the port facility may be a cogenerator of the waste produced in product or raw material vessel units. The ship only would be generator of other wastes (SEE ALSO: RPC# 9/3/86-02 and Federal Facility Compliance Act (FFCA) section 3022).

Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.

Description: The waste minimization certification on the manifest, a biennial report, and a TSDF permit, is mandatory (3002(b)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). There is no guidance on what constitutes a waste minimization program or activity. The generator determines compliance with the waste minimization criteria. Recycling is a form of waste minimization.

Description: Both the ship and port facility may be cogenerators of waste produced in product or raw material vessel units. A ship only would be the generator of other wastes (SUPERSEDED: see RPC# 9/3/86-02 and Federal Facility Compliance Act (FFCA) section 3022)).

Description: Photo film and paper are not listed hazardous waste (HW). They are HW if characteristic. Data suggest they are usually not toxic by the extraction procedure (EP) (SUPERSEDED: See 261.24). The generator must make the determination. Even if not contaminated, used photo film and paper removed from service to recycle are spent materials. Unless characteristic, spent material status irrelevant.

Description: Seven antineoplastics are U-listed hazardous waste. Antineoplastics are not regulated as class. Hospitals generating less than 100 kg/mo exempt as CESQG. There is no EPA guidance for a proper incineration destruction temperature.

Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.

Description: The residue from the treatment of a listed waste retains listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). The residue from the treatment of a characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of the treatment residue (SEE ALSO: RPC# 11/17/89-02).

Description: The residue from treatment of a listed waste retains the listing via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Residue from the treatment of characteristic waste is regulated only if the residue exhibits a characteristic. The TSDF is the generator of treatment residue (SEE ALSO: RPC# 11/17/89-02).

Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.

Description: Research, development, and demonstration (RDD) permittees must manifest unused/reduced waste to a permitted facility (SEE ALSO: 260.10, definition of designated facility). Explains no set of requirements for RDD information reporting. RDD permit can cover activities which may potentially occur. Discusses the partial closure of a RDD facility. Discusses that sold equipment should be decontaminated. Discusses that there is no policy on expediting permitting mobile treatment units (SEE ALSO: 264 Subpart X).

Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.

Description: A generator who is also an operator of a TSDF can convert an interim status tank or container to a generator accumulation unit under 262.34. The enforcement agency will determine applicable closure requirements. If a Part B was submitted, the applicant should notify the Region of the change.

Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).

Description: The generator has three days after exceeding the 55 gallon satellite accumulation limit to comply with section 262.34(a); 90 day accumulation time period begins as soon as the three day period has expired (SEE ALSO: RPC# 10/1/90-01).

Description: Generators and transporters are only required to prepare and carry the U.S. Uniform Hazardous Waste Manifest for shipments of hazardous waste from U.S. to Canada. The EPA is considering implementing similar provisions for wastes originating in Canada and transported to the U.S.

Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).

Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.

Description: Employees signing the manifest may sign on behalf of their company. Preprinting the phrase "on behalf of . . ." under the signature line on the manifest is allowed. Additional information about the signature may be included in Item 15.

Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).

Description: There is no determination on the appropriate tests used to identify mining or Bevill exempt mining and mineral processing wastes to be regulated as hazardous waste. TCLP is designed to simulate the leachability of industrial waste that is co-disposed with sanitary waste. Although the disposal scenario may be incompatible with mining waste disposal, similar generation of acids warrants TCLP or stronger. Mining wastes generate acidic leachate upon exposure to air.

Description: The construction of a 90 day generator storage area at a permitted facility would not require the modification of a facility’s permit. EPA recommends that the owner notify the enforcement agency, placard the area as a generator accumulation area. The 90 day storage area provision applies only to the waste generated on-site.

Description: CESQG wastes accumulated by a storage facility in quantities greater than 1000 kg do not need to manifest when sent off-site. The final disposal site need not be RCRA-permitted. If waste was generated by a SQG, the waste must be manifested to a state-registered facility, and from the facility to the disposal site. After 3/31/86, waste generated by a 100-1000 kg/month generator (SQG) must be disposed in a RCRA-permitted or an interim status facility .

Description: The 3002(b) waste minimization requirements are self implementing and leave the choice of a method to the generator. Waste exchanges, recycling of solvents, on-site reuse and off-site recycling are all legitimate waste minimization.

Description: Consolidating wastes with different DOT descriptions at transfer facilities is not treatment if it does not render the waste nonhazardous. Consolidating wastes of different DOT description requires a new manifest. Transporters can repackage waste from one container to another.

Description: Rinsate from containers that held 2,4,5-T and other pesticide formulations is an acute hazardous waste. A deep well injection facility must be permitted to handle dioxin-containing wastes in order to dispose of these wastes. A generator may petition EPA to exclude waste if the waste does not meet listing criteria (SEE ALSO: 261.7).

Description: Sumps made of nonearthen materials are tanks. Sumps can be used to accumulate hazardous waste for 90 days or less without permit. The TSDF owner or operator must include information on all solid waste management units (SWMUs), including sumps, in a Part B permit application under 3004(u) corrective action.

Description: The section 261.4(d) sample exclusion applies to any person collecting a sample (not just generators). Testing lab samples is not treatment. If a sample is returned to the original site for disposal then the original site is the generator. If a lab disposes of a sample, the lab is the generator. A sample returned to the sample collector, then the collector is the generator. A sample collector can be an owner of waste or a contractor.

Description: Employees signing the manifest may sign on behalf of their company. Preprinting the phrase "on behalf of . . ." under the signature line on the manifest is allowed. The individual signing the manifest and the company are responsible for veracity of certification statement.

Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.

Description: SQGs producing between 100 and 1000 kg/month of hazardous waste that partially reclaim silver from spent photo fixer prior to shipment off-site for further reclamation are not subject to precious metals recycling recordkeeping, but spent material must be manifested (SEE ALSO: 10/5/94-01, current 261.5, 262.34(d)).

Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.

Description: Brass dross skimmings are by-products, not scrap metal, and are not solid waste (SW) if reclaimed. Secondary material (by-product, spent material, sludge, CCP, scrap metal) placed on the land or in a product placed on the land is a SW. Hazardous waste (HW) sent to a fertilizer company (either directly or through a processor) for reuse must be manifested. The fertilizer company and the processor need storage permits for the HW. A material used or reused as an ingredient in a product not is SW if not speculatively accumulated, used for fuel, or use in manner constituting disposal.

Description: Filter cake containing toluene residue as a contaminant is not F005, since solvent listings do not apply to wastes containing solvents that were used in industrial processes. Solvents used for solvent properties are typically not consumed or physically or chemically altered during the process. The treatment of a residue on site to decrease the solvent content may require a permit unless it is conducted in a generator accumulation unit.

Description: Section 262.11 outlines the generator’s responsibility for identifying hazardous wastes. The P- and U-listings apply only to unused CCPs, not to process wastes containing chemicals listed in 261.33. The U122 formaldehyde listing does not apply to waste containing used formaldehyde or fish contaminated with formaldehyde. Discarded fish and formaldehyde must be evaluated for characteristics. EPA regulates certain chemicals in their unused form but not all wastes containing the same chemicals.

Description: The U.S. Naval vessels that generate waste at sea are the generators, not the shipyard operator who removes waste from ships. The shipyard operator cannot accumulate waste without a permit (SUPERSEDED: See Federal Facilities Compliance Act).

Description: The generator State or designated State determines manifest requirements. A waste that is nonhazardous in both the initiating and the receiving state and is transported through a state where it is hazardous does not need a manifest. Either the generator State or the designated State can require manifesting.

Description: The owner of a recreational sailboat discarding an empty can containing pentachlorophenol (PCP) wood preservative residues is typically considered a CESQG not subject to hazardous waste (HW) management regulations. Marinas can arrange for collection of such HW from CESQG boat owners.

Description: Standard test procedures that involve the addition of hazardous chemicals (e.g., solvents) to a sample do not affect the lab sample exclusion. A lab adding listed solvents to a sample may still send it to the generator under section 261.4(d).

Description: A tank holding but not treating hazardous waste (HW) prior to an off-site transfer is not a wastewater treatment unit (WWTU) but could be a generator accumulation unit. An off-site WWTU can only receive HW if it is a designated facility (permitted or interim status facility) (SUPERSEDED: See RPC# 3/26/98-01). The WWTU exemption does not attach to waste removed from the unit.

Description: Generators may accumulate dioxin hazardous waste on-site for 90 days without permit or interim status. Accumulation rules apply whether or not a permit is needed for the rest of the facility. Dioxin-contaminated wastes from labs/laboratories (clothing, glass) are not listed dioxin wastes. Unused samples of these wastes carry the listing.

Description: Generators do not use Appendix VIII in hazardous waste (HW) determination. Wastes containing Appendix VIII constituents are not HW unless they are listed or characteristic. Collected groundwater contaminated with listed or characteristic waste is regulated as HW. Discussion of the contained-in policy.

Description: A contractor who comes on site with a mobile recycling unit and the owner of the facility are cogenerators. The 90-day accumulation period applies when a contractor leaves waste behind at a facility.

Description: Lab technicians must have hazardous waste training to the extent necessary to ensure the safe handling of wastes. Training records must be maintained at the facility (SEE ALSO: 262.34(d)(5)(iii)).

Description: Dibutyltin difluoride is not a listed waste. Dibutyltin difluoride contaminated protective clothing would be hazardous only if it exhibits a characteristic. It is a generator’s responsibility to determine whether a waste is listed or exhibits a characteristic.

Description: The applicability of hazardous waste regulations to SULFA-CHECK spent slurry is discussed. The suggested cyanide and sulfide concentrations for reactivity are less than 10 ppm (SUPERSEDED: see RPC# 4/21/98-01). A generator does not perform determinations in 261.11(a)(2) to classify a waste as hazardous, but rather uses the process established in 262.11 to make a hazardous waste determination.

Description: The original generator is not liable for the mismanagement of residues generated by an off-site recycler. Hazardous wastes generated during a recycling operation are new wastes, and the recycler is viewed as the generator (SEE ALSO: 261.3(c)).

Description: A tank used on a predictable basis for collecting hazardous waste spills must be addressed in the closure plan. A tank used to collect hazardous waste spilled from a manufacturing process unit is subject to the generator or TSDF standards.

Description: 271.10(h) prohibits re-lettering of the manifest form. If a state decides not to require completion of all manifest items, EPA recommends instructing manifest users to leave items blank. Discussion of comments on Missouri’s manifest form modifications.

Description: K062 that is exported for reuse in wastewater treatment must be accompanied by a manifest, and the generator must notify the Office of International Activities if the receiving facility does not have NPDES permit (SUPERSEDED: see current 261.2, 261.6, and RPC# 6/5/85-01).

Description: If the quantity of spilled hazardous waste (e.g., U134) is known before the mixture occurs, a generator can use 261.5(h) for the generator category determination and remain a CESQG, provided the mixture does not exhibit a characteristic.

Description: A generator, transporter, or TSDF owner or operator must renotify for newly listed wastes only if the Administrator specifically requires renotification in the Federal Register notice for the newly listed waste (SEE ALSO: contact implementing agency).

Description: A facility placing F006 into a smelter for dewatering immediately upon receipt does not need storage permit to accept the waste. After dewatering, the material is no longer F006. Residues (fines) that are generated from smelting are F006.

Description: The date of shipment is determined by the date of the initial transporter’s signature. The date of a generator’s certification does not have to be the date of shipment. The time period for exception reporting is based on the date of shipment.

Description: Generators are not required to keep copies of manifests and biennial reports on site. Copies can be kept at corporate headquarters. A generator must be able to provide to EPA information on, or access to, records. TSDFs must keep copies of manifests on site. Biennial reports must be furnished upon request and made available for inspection by EPA personnel.

Description: Bulk water and intermediate rail transporters must have EPA ID numbers, although they may use a shipping paper in lieu of the manifest. A generator must record on the manifest the name and EPA ID number of all transporters.

Description: The presence of toxic compounds in soil does not automatically make the soil a hazardous waste. The origin of toxicants must be known to apply a listing. If the exact origin is unknown, soils cannot be listed. If characteristic, soils are hazardous (SEE ALSO: 55 FR 8758; 3/8/90, 61 FR 18779; 4/29/96).

Description: Provides guidance on completing the biennial report for a generator of lab pack wastes. Provides guidance on completing the biennial report for a generator who accumulates waste prior to conducting a non-regulated activity (e.g., recycling, elementary neutralization). Provides guidance on completing the biennial report for a generator who accumulates waste after 10/1/83, but has not sent the waste off-site by 12/31/83. A generator who manages some waste on-site as an interim status TSDF and ships other waste off-site should prepare a generator report and a TSDF report (SUPERSEDED: see the current biennial reporting requirements).

Description: A generator may use the services of outside firms to aid in preparing manifests. The generator must assure that information on the manifest is correct. The generator is ultimately responsible for the preparation of the form (generator liability).

Description: The weight of a container is not counted when determining generator status or for biennial reporting. It is customary to show the total weight (i.e., waste plus container) on the manifest.

Description: Provides guidance on completing the manifest when one rail shipment of waste is divided among five tank trucks for transport to the designated facility identified on the manifest (SEE ALSO: RPC#8/7/98-02).

Description: Wastes shipped from one college campus building to another need a manifest while they are on the highway, unless they are shipped directly across the road (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). Sites are required to have separate EPA ID numbers, even if the receiving facility is on-site. The on-site definition is used only to determine if a manifest is necessary. Buildings on contiguous property at college campus are classified as a single generation site, and would receive one EPA ID number. All waste generated at a site is evaluated in determining generator status. At university campuses that are divided by a right-of-way that they do not control, each city block or each half of the campus bisected by a public road is a separate generator, and requires their own EPA ID number (SUPERSEDED: see the manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97)

Description: ID numbers site-, not owner-specific. A generator or TSDF at a new site gets a new site number. Corporations at the same site can have different numbers. A lessor of federal property on a federal site may get a separate number. A transporter company has one number for all trucks and trucking locations.

Description: A generator who shipped waste to facility that he/she owned was not required to submit the 1981 annual report as a generator, but was required to file as a facility owner. There is no requirement for a generator to notify EPA that he/she was not filing the generator annual report.

Description: Even if a generator determines that their waste exhibits one characteristic, they must still evaluate the waste for other characteristics. Generators must have in-depth knowledge of the waste. Provides a summary of EPA’s reasoning (SEE ALSO: current 262.11(c)).

Description: Anyone who generates hazardous waste must notify under 3010 of RCRA, even if the generator is located in a state with Phase I interim authorization that does not recognize the federally listed waste as hazardous.

Description: Provides guidance to Regions on generators who filed for interim status, but choose to accumulate under 262.34. If the facility fails to submit the necessary information when requested, the EPA Region can terminate interim status.

Description: Transporters consolidating wastes with the same DOT descriptions at a transfer facility are not required to remanifest the waste, and are not subject to generator standards. Containers empty per 261.7 are not subject to regulation.

Description: If any information required by 262.21 is not on the manifest, the waste is considered unmanifested. The difference between the quantity or type of waste designated on the manifest and the quantity or type of waste received at the facility is a manifest discrepancy (SEE ALSO: current 264.72, 264.76).

Description: A generator who does not treat, store, dispose, transport, or offer for transport hazardous waste does not need an EPA ID number. Generators who accumulate waste according to 262.34 need EPA ID numbers because accumulation is a form of storage, even if the waste is subsequently discharged to the sewer.

Description: Generators may accumulate hazardous waste in tanks or containers for 90 days or less without a permit or interim status. EPA considers generator accumulation to be incidental to their operations. Provides guidance on defining an empty tank.

Description: Generators and facility owners or operators in unauthorized states are not required to meet the federal annual reporting requirements until the Office of Management and Budget approves the forms.

Description: A generator counting quantity determination for spent spray booth filters includes the weight of the filter and paint. The filter, paint, and waters used to treat filters are hazardous waste if characteristic.

Description: Unauthorized states are encouraged to assist EPA in assigning ID numbers. EPA encourages states that issue their own ID numbers to adopt EPA’s numbering system. Facilities may obtain an EPA ID number if they are handling waste only regulated by the state (not EPA). Discusses the ID number issuing process.

Description: Diluted Aldicarb (P070) solution is disposal of product if it is the sole active ingredient. A commercial applicator may mix, apply, rinse, and dispose of pesticide on farmer property if follows label. The farmer exemption does not apply to an off-site shipment for disposal or if on-site disposal of other farmer’s pesticides.

Description: EPA typically does not enforce against a generator for the mishandling of hazardous waste by a designated facility. Discussion of generator liability. Legal action under 7003, other environmental laws, or common law is possible. Part of the generator responsibility is to ascertain that the destination facility is permitted to handle the waste.

Description: Two waste streams that are mixed together must be evaluated separately for hazardous waste identification. Mixed characteristic wastes that lose their characteristic are not hazardous. Listed waste must be delisted by petition. Existing characteristic waste treatment permit is valid when the waste becomes listed.

Description: An on-site contractor removing hazardous waste from tanks, vehicles, and vessels qualifies as a generator. The contractor may be jointly and severally liable with other cogenerator for compliance with applicable regulations.

Description: When hazardous wastes are generated in the servicing of equipment, both the equipment owner and the person servicing the equipment are generators (i.e., cogenerators), and both are jointly and severally liable for performing the part 262 generator responsibilities.

Description: Provisional identification numbers may be issued to generators or transporters at the discretion of the Regions. Officials may also waive the ID number requirement for generators and transporters responding to discharges of hazardous waste.

Description: Owner, operator, contractor, and subcontractor are generators (cogenerators) and are jointly and severally liable for complying with the generator standards. EPA prefers one party to assume the generator responsibilities.

Description: Products that contain listed CCPs, such as railroad ties or asbestos insulation, are not listed CCPs when they are discarded. The mixture rule applies to CCPs being mixed with solid wastes. The point of generation for a CCP is “instantly when the act of discarding takes place.” Incorporating CCPs like creosote and asbestos into a product is not mixing with solid waste. A company with several operations on one site is a single generator. Even if each operation qualified as an SQG, the total site waste production may make all operations LQGs. If a facility is an LQG, all wastes must be handled as LQG waste, even wastes that are produced in small quantities or intermittently (SUPERSEDED: see current 261.5, 262.34(d)).

Description: Bottom sediments, water wastes, and spilled material and mixtures from the storage of petroleum products are hazardous waste (HW) if they are listed, mixed with listed HW, or characteristic. Appendix VIII is used only for determining if a waste should be listed by the Agency, not for generator determination.

Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.